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2016 Supreme(P&H) 2766

AMIT RAWAL
Nirmal Kanta @ Nirmal – Appellant
Versus
Kishan Rai Kaura – Respondent


Advocates:
For the Petitioner:Mr. Rahul Rampal, Advocate.

JUDGMENT

Mr. Amit Rawal, J. (Oral) - The petitioner-plaintiff is aggrieved of the impugned order dated 20.05.2016, whereby the application under Order 6 Rule 17 CPC, purported to have been disposed of without assigning any reasons.

2. Mr. Rahul Rampal, learned counsel appearing on behalf of petitioner-plaintiff submits that petitioner-plaintiff had instituted the suit for declaration to the effect that the plaintiff along with defendants are joint owner in possession to the extent of 1/4th share of property as described in head note of the plaint with further declaration to the effect that the subsequent mutation of transfer of the property in the name of the defendants was required to be set aside with consequential relief of permanent injunction. Suit aforementioned was filed on 19.09.2013. However, during the pendency of the suit, application seeking amendmentof the plaint was moved when previous joint written statement on behalf of defendants was filed and amendment sought to be incorporated is as under:-

“i) a) In the head note of the plaint after the word “HB No.91 Tehsil Raikot, Distt. Ludhiana” and before the word “and” the plaintiff wants to insert the following words by way






























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